D.D. Seth, J. - (1.) This is a petition under Article 226 of the Constitution. All the 35 petitioners are residents of Mohalla Mir Ganj in the city of Allahabad. According to the petitioners Sri Bhupendra Singh, Additional Deputy Superintendent of Police, Allahabad City on 27th August 1963, took into custody all the petitioners along with some other women for an alleged breach of Section 8 of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (hereinafter called the Act). Sri Bhupendra Singh lodged a first information report the same day. The petitioners were produced before the City Magistrate, Allahabad, on 28th August 1963 along with a report of Sri Bhupendra Singh. The petitioners were allowed bail by the City Magistrate. The raid was organised by Sri Bhupendra Singh after he had received information that in Mohalla Mir Ganj prostitutes sit in a public place in such a manner that they can be seen or heard from any public place and that they, by words, gesture and wilful exposure of their persons, tempt persons for the purpose of prostitution and act in such a manner as to cause obstruction and annoyance to the per- , sons living nearby or passing through that Mohalla and thus commit an offence against public decency, Sri Bhupendra Singh claimed to have acted and investigated the case as a special police officer within the meaning of Section 13 of the Act. No charge-sheet had been submitted by Sri Bhupendra Singh till the date of the filing of this petition, The petitioners filed this petition challenging their arrest, investigation and all the proceedings against them carried out by Sri Bhupendra Singh and have prayed that certiorari be issued quashing the entire proceedings carried out by Sri Bhupendra Singh against the petitioners including the report submitted, to the Additional City Magistrate and the first information report lodged by him. It has also been prayed that Sri Bhupendra Singh be commanded not to submit the charge-sheet against the petitioners for an offence under Section 8 of the Act. A further prayer has been made that Section 8 (a) of the Act and the notification issued by the State Government under Sec 13 (1) of the Act on 29th September 1962 be declared ultra vires and invalid.
(2.) A counter-affidavit has been filed by Sri Bhupendra Singh and a rejoinder-affidavit has been filed on behalf of the petitioners.
(3.) I have heard Sri K. L. Grover the learned Counsel for the petitioners and Sri Kamal Narain Singh, the learned Junior Standing Counsel appearing for the opposite parties.;